Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-23
THE sLIcKENs" BILL A DEFIANCE.

THE sLICKENs" BILL A DEFIANCE.
By an Act of Congress passed in July,
1856, it is declared to be unlawful to wash
mining debris by hydraulic processes into
the navigable rivers or their tributaries, so
as to render it liable to reach the nav
igable channels. And to effectually pre-
vent this evil, it is provided that the Sec
rotary of War may invoke the aid of the
Courts
In this law there is no exception of
tSuspensory matter" indeed "detritus"
and "slickens" are words expressly used,
and the tributaries" of the rivers are
especially specified. There is, therefore,
an express Federal statute forbidding pre-
cisely what the Legislature of California is
now asked to legalize, so far as it can.
There can be no question that this per-
missive bill, if enacted into law, will be
held to contrayene the Federal statute
and therefore be without lawful effect. II
the Legislature passes the bill as asked for
by the hydraulic miners, it will not pre-
vent the Secretary of War from bringing
the actions provided for by the Act of
Congress.
To erect the bill into law will there
fore involve the whole question in new
legal entanglements. That this will result
in serious injury to the State no one can
doubt. The passage of the Act will be a
menace to capital invested in the valleys,
and especially along the rivers it will re-
open the "slickens contest" to the very
bottom of the old sore; project it anew
into politics, and prove a source of endless
contention and wrangling between Sec
tons, that must result in material injury
to all concerned. We look upon it as the
very worst possible policy on the part of
the miners, and as certain to result in
juriously to them, foster in them vain
hopes, and end in their bitter disappoint-
ment.
One thing the people of the valley are
now bound to do, and that is importune
the Secretary of War to bring the actions
authorized by law, and thus have made
effective the will of the nation. We
quote:
For improving the Sacramento and Feather
rivers, California, $40 900 of the money hereto
fore appropriated for improving said rivers,
not to be used until the Secretary of
War be satisfied that hydraulic mining, hurtful
to navigation has ceased on said rivers and their
tributaries. If he be not so satisfied he is hereby
instructed to institute such legal proceedings as
may be necessary to prevent the washing
sluicing, dumping or dschargiug det5-itas, debris
or siickens, caused by or arising from such by
draulic mining, into either of sid rivers or
their tributaries, or into the San Joaquin rive r
or any of its tributaries or TO such place or
situation from which such detritUs debris or icteis
may be liable TO DC 1cased. or carried by storms or
floods into either of said rivers or tributaries
And he is hereby instructed to use of said sum as
much as may be necessary for said purpose.
Already this law defines what is hurtful
to navigation" detritus, slickens, debris,
liable to be carried down by storms and
floods into the navigable rivers" Clearly,
this bill forbids the very thing it is pro-
posed the Legislature shall give the sane
ton of its warrant. "Detritus" is the
identical diluvial matter which the bill
proposes may be sent over the dams into
the tributaries of the navigable rivers.
"Slickens" is precisely the matter that is
carried in suspension by the waters, and
that has done such Unreasonable injury to
the lands Of the valley and so choked the
channels of the rivers. These are the de-
posts against which Congress especially
declared, and are those worn away by
attrition Of waters with solid matter, and
which may be carried over the proposed
dams. More than this: The storage pro
posed by the bill will do that which Con-
gress especially provides shall not be done
so "place" the washings of hydraulic
mines that they will be liable to be washed
or carried "by storms and foods" into the
rivaf,-